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Information Sharing Between Insurers and Policyholders When Claim Uncertainty Exists
July 02, 2015
Once a policyholder tenders a claim, an insurer is likely to request information and documentation from that policyholder about the underlying event, circumstance, occurrence or claim. The insured, however, may have legitimate concerns that sharing such information could result in the inadvertent waiver of evidentiary privileges and protections as to the insurer and third parties, or an adverse coverage determination.
<b><i>Voice of the Client:</i></b> Business Development Program Best Practices: Business Intelligence
July 02, 2015
Law firms are ever-so-slowly starting to incorporate "key account planning," a critical element in any successful strategic go-to-market strategy and/or best-in-class business development program is "business intelligence."
How Do You Know When Your Loss Ensues?
July 02, 2015
The effect an ensuing loss provision is that ensuing losses stemming from uncovered events will be covered, as long as such losses would otherwise be covered under the policy. Consequently, an understanding of the provision is vital to commercial property landlords and tenants.
No Contract Breach In YouTube Removal Of Music Video
July 02, 2015
Lawyers for YouTube beat back a breach of contract suit over its removal of a reggae music video, by persuading a federal judge that YouTube's user agreement gives the company broad discretion to take down whatever material it sees fit.
Case Briefs
July 02, 2015
In-depth discussion of recent key rulings.
Enforceability of Co-Tenancy Remedies
July 02, 2015
On Jan. 12, 2015, a California Court of Appeal held unenforceable a co-tenancy provision in a retail lease that allowed the tenant to accept possession of the premises but thereafter have no obligation to pay rent or open for business, even though the provision had been negotiated by two sophisticated parties with leasing expertise.
Get a (Law) Firm Grip on Data Breaches
July 02, 2015
This article describes some of the reasons law firms are cyber-attack targets, steps they can take to reduce their risk, and what clients are doing to encourage law firms in those efforts.
When a Factor Has Not Approved Orders
July 02, 2015
Even though a seller's reclamation rights may find their underpinnings in the common law and in the UCC, there are strict limitations on the seller's reclamation rights under the Bankruptcy Code.
Custody Litigation: A Psychologist Discusses a Broken System
July 02, 2015
This article focuses on evaluators and judges who accept work that, by an objective and reasonable standard, is unacceptable.
Class III Medical Device Product Liability Claims Under <i>Twombly</i> and <i>Iqbal</i>
July 02, 2015
It is well founded that the pleading standard set forth in <i>Twombly</i> and <i>Iqbal</i> applies to claims involving Class III medical devices. In these actions, however, federal courts have taken different approaches to the application of the two rulings.

MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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